Kinsman v. New York Mutual Insurance
The Superior Court of New York City
Action to recover for a total loss upon two policies of insurance, one for §4,000 on the ship, and one for $4,000 on the freight of the “ Ozark."
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Action to recover for a total loss upon two policies of insurance, one for §4,000 on the ship, and one for $4,000 on the freight of the “ Ozark." In September, 1852, the ship Ozark, of three hundred and ninety-eight tons, being in New York, bound for San Francisco, a charter-party was entered into by her master with Barreda & Brother, as agents for the Peruvian Government, that she should go to Callao from San Francisco, and being tight, strong, and every way fitted for the voyage, should proceed to the Chincha Islands and take in a full cargo of guano, return for her final clearance to…
1Opinion of the Court
By the Court—-Woodruff, J.
On the trial of this action various exceptions were taken by the defendants to the rulings of the Court, admitting and rejecting evidence, but on the hearing before us the defendants’ counsel disavowed any intention to insist upon any of those exceptions.
*467And although he placed upon his printed points the suggestion that the Judge erred in charging the jury that “the fact that the vessel sprung a leak so soon after leaving the harbor of Callao, did not raise a presumption that she was unseaworthy when she left,” yet as no exception was taken on the trial to this part…
2Cases cited4 opinions
- American Insurance v. CenterCourt for the Trial of Impeachments and Correction of Errors · 1829
- Phelps v. WilliamsonThe Superior Court of New York City · 1852
- Ogden v. General Mutual InsuranceThe Superior Court of New York City · 1853
- Atlantic Mut. Ins. v. Bird & NeilsonThe Superior Court of New York City · 1867
3Cited by1 opinion
- Sheldon v. ClewsNew York Supreme Court · 1883